Jazireh and Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal considered an application by Mr Jazireh and the Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs concerning the refusal of approval for Australian citizenship by conferral. The core of the dispute revolved around whether the applicant had satisfied paragraph 21(2)(h) of the *Australian Citizenship Act 1948* (Cth), which requires an applicant to be of good character. The Minister's decision to refuse the application was based on findings of false and misleading conduct by the applicant in dealings with immigration authorities and in relation to passport applications.

The Tribunal was required to determine whether the applicant had demonstrated he was of good character for the purposes of paragraph 21(2)(h) of the Act, notwithstanding the findings of false and misleading conduct. This involved assessing the nature and seriousness of the applicant's past conduct and whether it was sufficiently significant to preclude him from meeting the good character requirement.

In its reasoning, the Tribunal applied the principles of character assessment under the *Australian Citizenship Act 1948*. It considered the applicant's conduct in providing false information to immigration authorities and in relation to passport applications as serious matters that reflected adversely on his character. The Tribunal found that this conduct demonstrated a lack of honesty and integrity, which were fundamental aspects of good character. Consequently, the Tribunal concluded that the applicant had not satisfied the good character requirement as stipulated in paragraph 21(2)(h) of the Act. The Tribunal affirmed the Minister's decision to refuse the application for Australian citizenship by conferral.